KRISHNA KANTA MISRA Vs. BANAMALI BABU

JUDGEMENT

(1.) THE petitioner (P.W. 14) is a permanent resident of Sambalpur town, and was an elector in the Sambalpur Constituency in the last General Election held in February, 1967. THE respondent (R.W. 10) was one of the candidates contesting from the Sambalpur Assembly constituency to the Orissa Legislative Assembly. He applied for Congress ticket on 29-8-1966 and got it in the last week of December, 1966. On 20-1-1967 he filed his Nomination. THE 21st of February 1967 was the date of Poll. Results were announced on 23-2-67 before midnight and the respondent was declared elected. THE respondent became Minister of Law on 2nd October 1963 when Sri Biren Mitra was the Chief Minister. Sri Sadasiv Tripathy became Chief Minister in February, 1965 when the respondent got the additional portfolio of Urban Development. In October, 1966 the respondent again got the additional portfolios of Industry and Public Health Engineering of the Works Department and continued as a Minister till 7-3-1967. In the election petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) various corrupt practices were pleaded. At the time of argument, Mr. Srikanta Mohanty, the leading counsel for the petitioner pressed only the following items of corrupt practice and abandoned the rest. It is, therefore necessary to refer only to the items on which Mr. Mohanty ultimately placed reliance. Those items are as follows : (i) Respondent engaged workers for his election work in Attabira area before 29-4-66 and gave out through them to some residents of Attabira that he was going to stand as a candidate from the Sambalpur Assembly constituency of which Attabira was a pan and that he would come to Attabira on 29-4-1966 to discuss the matter with them and asked them to meet him at the Attabira Inspection Bungalow on 29-4-1966. (ii) On 29-4-66, the respondent told the S. I of Attabira, P.S. (P.W. 8) inside the I.B that he had decided to stand as a candidate from the Sambalpur constituency in the coming election and asked him to collect political information having bearing on his election campaign. (iii) On 29-4-1966 the respondent declared before the officials, and non-officials gathering at the Attabira I. B that he would be a candidate from the Sambalpur Assembly constituency in the next election and he asked the people to vote for him promising that in return he would do certain development and welfare work for the people of the locality (iv) THE respondent declared to the villagers of Lederpalli on 29-4-1966 that he would be a candidate in the next election and that he would do certain welfare work for the villagers if in return they would vote for him. (v) On 30-4-1966 the respondent told the Superintendent of Police (P.W. 1) over phone that he would stand as a candidate from the Sambalpur constituency in the next election and requested P.W. 1 to withdraw criminal cases arising out of the car festival of the year 1965 as the accused were the respondent's supporters and as his election prospects would be effected, unless the oases were withdrawn. (vi) On 18-6-1966 the respondent discussed election matters with P.W. 1 on phone. He asked P.W. 1's assistance for furthering his election prospects by withdrawal of cases against Sri Ramlal Agarwalla, Sri Narayan Misra and a proceeding under Section 107 Cr. P.C. between the villagers of Manapada and by taking steps to curb the political activities of Dr. Jhasaketan Sahu who was respondent's political opponent. (vii) THE respondent declared sometime in May and June, 1966 at village Kud-Gunderpur that he was going to be a candidate in the next election. He promised to the villagers that a lift irrigation scheme would be introduced to relieve them from the scarcity of water and in exchange for the benefit to be so conferred upon he asked them to vote for him.

(2.) RESPONDENT's defence broadly is that he engaged no workers for election purpose until his nomination was accepted, he did not talk about election on 29-4-66 at Attabira 01 Lederpalli or in May and June in village Kud-Gunderpur and he had no phone talks much less regarding election on 30-4-66 or 1R-6-66 with the S.P. (P.W. 1) Essentially the defence is one of denial.

(3.) ITEM No. (vii). - Petitioner's case is that the respondent declared sometime in May and June 1966 at village Kud-Gunder-pur that he was going to be a candidate in the next election. He promised to the villagers that a lift irrigation scheme would be established in the village to relieve them from scarcity of water and in exchange for the benefit to be so conferred he asked them to vote for him. Respondent admits that as a Minister he visited Kud-Gunderpur once during the months of May and June 1966. He, however, denies the story of election talks. Chaturbhuja Purohit (P.W. 10) is the only witness on the point and his evidence is not corroborated by any other evidence. During 1961 mid-term election he was the polling agent of and was canvassing for Sri Shradhakar Supkar the contestant of the respondent in that election. It is not necessary to discuss his evidence at length. He does not seem to be reliable. The petitioner has failed to establish this item beyond reasonable doubt.